Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Borough Clerk
or designee of the Borough of Caldwell a registration form for each
unit contained within a building or structure, which shall include
the following information:
A.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business, if not the
same persons. In the case of a partnership, the name and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals where such individual may be
reached both during the day and evening hours.
B.
If the address of any record owner is not located in Caldwell or
in Essex County, the name and address of a person who resides in Essex
County and who is authorized to accept notices from a tenant and to
issue receipts therefor and to accept service of process on behalf
of the record owner.
C.
The name and address of the agent of the premises, if any.
D.
The name and address, including the dwelling unit number, of the
superintendent, janitor, custodian or other individual employed by
the owner or agent to provide regular maintenance service, if any.
E.
The name, address and telephone number of an individual representative
of the owner or agent or the owner, if domiciled in the Borough of
Caldwell, who may be reached or contacted at any time in the event
of an emergency affecting the premises or any unit of dwelling space
therein, including such emergencies as the future of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith.
F.
The name and address of every holder of a recorded mortgage on the
premises.
G.
If fuel oil is used to heat the building, the name and address of
the fuel oil dealer servicing the building and the grade of the fuel
oil used.
H.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan, which shall
become part of the application and which shall be attached to the
registration form when filed by the Borough Clerk or designee.
I.
The name, age and gender of each tenant who is to occupy the dwelling
unit.
J.
Such other information as may be prescribed by the Borough of Caldwell.
K.
The Borough Clerk or designee shall index and file the registration
forms. In doing so, The Borough Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1, as amended, so that the filing of
the registration form will simultaneously satisfy the registration
requirements of N.J.S.A. 46:8-28 to the extent that it applies to
the property being registered and will also satisfy the registration
requirements of this article. The owner shall post the certificate
of inspection or license.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
after any change in the information to be included thereon. No fee
is required for the filling of an amendment, except where the ownership
of the premises is changed.
Each rental unit shall be registered yearly and with each change
of occupancy. The license term shall commence on August 1 of each
year and shall be valid for a calendar year, at which time it shall
expire and a new registration shall be required. All rental units
must file an initial registration which shall be submitted on or before
August 1 of the calendar year.
A.
Each rental unit that is part of a rental facility that contains
19 or fewer rental units shall be inspected at least once per year.
B.
Such inspections shall be performed by the Construction Code Official
or by his/her designee, and inspections made by persons or an agency
other than the duly authorized and appointed person, persons or agency
of the Borough of Caldwell shall not be used as a valid substitute.
C.
Such inspection shall be for the purpose of determining Zoning Ordinance
compliance and, to the extent applicable, to determine if the property
complies with the Property Maintenance Code, BOCA Maintenance Code
and Housing Code and/or Uniform Fire Safety Act.[1]
D.
Unsatisfactory inspection. In the event that the inspection of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property or his/her agent shall not lease or rent such property, nor shall any tenant occupy the property, until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable code, and the property is thereafter subsequently inspected, registered and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 30 days, and, if not made within that time period, the owner shall be deemed in violation of this article, and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of § 131-15 herein. The owner shall be permitted to apply for an extension of time to make repairs or corrections so as to comply with this article, for good cause shown, and such extension may be granted, provided that such extension shall not exceed 30 days.
A.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming houses or boardinghouses in order that they may promote the
purposes of this article to safeguard the health, safety and welfare
of the occupants of rental facilities, rental units and rooming houses
or boardinghouses and of the general public. For the purposes of making
such inspections, the inspecting officers are hereby authorized to
enter, examine and survey rental facilities, rental units and rooming
houses or boardinghouses at all reasonable times. The owner or occupant
of every rental facility, rental unit and rooming house or boardinghouse
shall give the inspecting officer free access to the rental facility,
rental unit and rooming house or boardinghouse at all reasonable times
for the purpose of such inspections, examinations and surveys.
B.
Every occupant shall give the owner of the rental facility, rental
unit and rooming house or boardinghouse access to any part of such
rental facility, rental unit and rooming house or boardinghouse at
all reasonable times for the purpose of making such repairs or alternations
as are necessary to effect compliance with the provisions of this
article or any lawful order issued pursuant thereto.
C.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this article, an inspecting officer shall conduct an
inspection as hereinbefore provided.
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
Caldwell, which is not registered and licensed in accordance with
this article.
Upon the filing of a completed registration form and payment
of the prescribed fee, the owner shall be entitled to the issuance
of a license commencing on the date of issuance and expiring on December
31 of the calendar year. A registration form shall be required for
each rental unit, and a license shall issue to the owner for each
rental unit, if more than one rental unit is contained in the property.
At the time of the filling of the registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
C.
If the owner of the property is a senior citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
N.J.S.A. 54:4-8.41, there shall be no fee.
D.
If the owner of the property is registered as 501(c)(3) corporation,
and thus considered tax exempt by the IRS, or has a similar tax-exempt
status from the State of New Jersey and files annual returns if it
is incorporated, there shall be no fee.
E.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 will be assessed, per month or part of month, up
to three months. A failure to pay the initial fee and any late fee
shall be deemed a violation of this article.
F.
A failure to pay any fee as required by this article shall be deemed
a violation of this chapter.
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
article. This particular provision shall not apply to any hotel, motel
or guesthouse registered with the State of New Jersey, pursuant to
the Hotel and Multiple Dwelling Act, as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in conspicuous place within the rental unit(s).
A.
The maximum number of occupants, as determined by the Construction Code Official, shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant, to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding five consecutive days or for more than 29 days within any period of 360 days. Any person violating this provision shall be subject to the penalty provisions of § 131-15 herein.
B.
Only those occupants whose names are on file with the Borough of Caldwell, as required in this article, may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises, and any owner, agent, tenant or registered tenant allowing a nonregistered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of § 131-15 herein.
No rental unit may be registered and no license shall issue
for a property containing a rental unit unless all municipal taxes,
water and sewer charges and any other municipal assessments are paid
on a current basis.
A.
Occupants. Only those occupants whose names are on file with the
Borough Clerk, as provided in this article, may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant or other person residing in said premises.
B.
Nuisance prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or the public in general,
such that it shall constitute a nuisance, as defined in the ordinances
of the Borough of Caldwell.
C.
Compliance with other laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Borough of Caldwell and with all
applicable state and federal laws.
A.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one or more of the following:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(4)
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined in this article.
(5)
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Chief of Police, Construction
Code Official, the Zoning Enforcement Officer or any other persons
or office authorized to file such a complaint. Such complaint shall
be in writing and filed with the Borough Clerk or designee. The complaint
shall be specific and shall be sufficient to apprise the licensee
of the charges so as to permit the licensee to present a defense.
The individual(s) filling the complaint may do so on the basis of
information and belief, and need not rely on personal information.
(2)
Upon the filing of such written complaint, the Borough Clerk or designee
shall immediately inform the governing body, and a date for a hearing
shall be scheduled, which shall not be sooner than 10 nor more than
30 days thereafter. The Borough Clerk or designee shall forward a
copy of the complaint and a notice as to the date of the hearing to
the licensee and the agent, if any, at the address indicated on the
registration form. Service upon the agent shall be sufficient.
(3)
The hearing required by this section shall be held before the governing
body. Following the hearing, a decision shall be rendered dismissing
the complaint, revoking or suspending the license or determining that
the license shall not be renewed or reissued for one or more subsequent
license years.
(4)
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply, and the evidential rules and burden of proof shall be that
which generally controls administrative hearings.
(5)
The Borough Attorney or a designee shall appear and prosecute on
behalf of the complainant in all hearings conducted pursuant to this
section.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental license
by demonstrating that the owner has taken appropriate action and has
made a good-faith effort to abate the conditions or circumstances
giving rise to the revocation proceeding, including but not limited
to the institution of legal action against the tenant(s), occupant(s)
or guests for recovery of the premises, eviction of the tenant(s)
or otherwise.
A.
Any person violating or failing to comply with any provision of this
section shall, upon conviction thereof, be punished by a fine of no
less than $100 and no more than $1,250. In addition to the fine, such
person may be sentenced to imprisonment not to exceed 90 days, or
by community service of not more than 90 days, or any combination
of imprisonment and community service, in the discretion of the Municipal
Court Judge. The continuation of any such violation for each successive
day shall constitute a separate punishable offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided herein for each separate offense.
B.
Despite anything contained herein, in the event that a violation
order is not promptly complied with, the Construction Code Official
may institute an appropriate action or proceeding at law or equity
to exact the penalty provided or may request the legal representative
to proceed at law or in equity against the persons responsible for
the violation for the following purposes:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation or alteration of
each structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupation or use of the structure or part thereof
which was erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this Code or in violation
of a plan or specification under which an approval, permit or certificate
was issued.
